Case details
Bicyclist claimed park failed to warn about dangerous gate
SUMMARY
$50000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
arm, dental, face, facial laceration, fracture, nose, radius, tooth
FACTS
On June 20, 2017, plaintiff Christopher Kurrle, 43, an architect, was bicycling eastbound on John F. Shelly Drive, in John McLaren Park, in San Francisco, when he collided with a closed gate that spanned across the roadway. He was ejected from his bicycle and sustained to his face, mouth and left arm. Kurrle sued the operator of the park, the city and county of San Francisco. He alleged that the condition of the subject gate constituted a dangerous condition and that the city and county of San Francisco failed to warn about the gate. Kurrle claimed that there is a gate at the west intersection of John F. Shelly Drive and Mansell Street that is painted white and closes access to the roadway at night. He alleged that the first gate had a sign that stated that the roadway was closed from “sunset to sunrise,” but since he was in the park after sunrise, the gate was open. However, he alleged that there was second gate located after a downslope of the roadway, a right corner and a small hill, but that it was obscured by the corner and hill. Kurrle claimed that a cyclist would not be able to perceive the subject second gate in time to react and/or stop in time to avoid crashing into the gate. Kurrle’s counsel contended that the location of the subject gate was dangerous and that it was made additionally dangerous by the fact that it remained closed at sunrise. Counsel asserted that as a result, the city and county of San Francisco was negligent for failing to warn about the complex intersection and obscured sight lines., Kurrle sustained fractures to his left radius and ulnar shaft, as well as facial lacerations and chipped teeth. He underwent open reduction and internal fixation surgery on the fractures to his left arm. He also underwent treatment for his chipped teeth. Kurrle claimed that he has no residual complaints and that he does not need future treatment or care. Kurrle sought recovery of past medical costs, and damages for his past and future pain and suffering.
COURT
Superior Court of San Francisco County, San Francisco, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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